HomeMy WebLinkAbout092 - 07/15/1980 - ASSESSING THE COSTS OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 72 ORDINANCE NO 92 , 1980
BEING AN ORDINANCE ASSESSING THE COSTS
OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT
NO 72 AND PROVIDING FOR THE PAYMENT AND COLLECTION
THEREOF
WHEREAS, heretofore by appropriate ordinances and resolutions duly
adopted by the Council of the City of Fort Collins, there was established
Street Improvement District No 72 for the purpose of street improvements
to benefit certain property within the City pursuant to Chapter 16 of the
Code of the City of Fort Collins, and
WHEREAS, pursuant to said ordinances and resolutions, said improve-
ments have been installed and accepted by the City of Fort Collins,
Colorado, and
WHEREAS, upon accepting said improvements, the City Council adopted
the report of the City Engineer respecting the cost of such improvements
and the schedule of assessments prepared by the City Engineer and ordered
notice to be published as provided in Chapter 16 of the Code of the City of
Fort Collins which said notice was duly published as therein provided,
and
WHEREAS, July 1 , 1980, is the date set for the hearing of complaints
and objections and the determinations of the same and for acting upon an
ordinance assessing the cost of such improvements, and
WHEREAS, all complaints and objections in writing filed by property
owners within the district have been considered by the City Council
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the total cost of the improvements in Street Improvement
District No 72 excluding the cost of engineering, legal , publication,
interest during construction and collection, to-wit $490,591 50 less the
portions of said cost to be paid in the following manner $16,781 46 from
the City of Fort Collins at large, $108,829 57 from contributions in aid,
$1299377 00 from storm drainage and construction monies, $190,000 00 from
urban systems funds, is hereby assessed upon the real estate in said
district in accordance with the provisions of Chapter 16 of the Code of the
City of Fort Collins and the proportion of said costs assessed upon each
lot or tract of land in said district shall be as follows
Name and Address First Christian Church, 608 E Drake
Road, Fort Collins, Frontage Feet 760 861 , Assessment Rate
11 2554, Total Assessment $8,563 78
A tract of land situate in the Northwest 1/4 of Section 30,
Township 7 North, Range 68 West of the 6th P M , County of
Larimer, State of Colorado, being more particularly des-
cribed as follows Considering the West line of said
Northwest 1/4 as bearing N 00°36'00" W and with all bearings
contained herein relative thereto, beginning at a point on
the West line of said Northwest 1/4 which bears S 00036100"
E, 193 67 feet from the Northwest corner of said Section 30,
said point being on the Southerly right-of-way line of Drake
Road, thence along the said right-of-way line on the
following courses, N 89"24'00" E, 17 50 feet to a point
of curvature, thence 65 46 feet along a curve to the right
having a central angle of 31000'00" , a radius of 120 99 feet
and a chord of 64 67 feet which bears S 75*06100" E. to a
point of tangency, thence S 59036100" E 93 39 feet to a
point of curvature, thence 110 72 feet along a curve to
the left having a central angle of 17*41129" a radius of
358 57 feet and a chord of 110 28 feet which bears S 680
26145" E. thence N 12*42131" E 40 00 feet to a point
of non-tangent curvature, thence 166 89 feet along a curve
to the left having a central angle of 30000159", a radius of
318 57 feet and a chord of 164 99 feet which bears N 87*42'
02" E, to a point of tangency, thence N 72°41'32" E, 710 56
feet to a point of curvature, thence 120 17 feet along a
curve to the right having a central angle of 16°57'30", a
radius of 406 01 feet and a chord of 119 73 feet which bears
N 81010117" E. to a point of tangency, thence N 89039'02" E,
30 50 feet, more or less, to a point on the West line of
Eldora Springs, Second Filing as on file in the records of
said County of Larimer, thence along said West line S
00003'54' E, 1007 55 feet, thence S 89024100" W' 1256 29
feet, more or less, to the West line of said Northwest 1/4,
thence along said West line N 00036100" W, 849 37 feet, more
or less, to the point of beginning SUBJECT TO a 30 foot
wide county road right-of-way, along the West line of said
Northwest 1/4 and all other rights-of-way, easements or
restrictions as now in use or on record Said tract con-
tains 25 118 acres, more or less, gross
Name and Address H C I , Inc , P 0 Box 1208, Fort Col-
lins, Frontage Feet 1435 77' , Assessment Rate 16 4853,
Total Assessment $239669 10
A portion of the N 1/2 of NE 1/4 of Section 25, Township 7
N. Range 69 West of the 6th P M that lies adjacent to the
south side of East Drake Road between Edinburgh Street and
Lemay Avenue and also that portion of the above section
lying adjacent to the west side of Lemay Avenue between East
Drake Road and Strachan Drive
-2-
Name and Address Deines Homes, Inc , P 0 Box 1986, Fort
Collins, Frontage Feet 1281 341 , Assessment Rate 16 4853,
Total Assessment $21,123 27
Cottonwood Subdivision of the City of Fort Collins, situate
in the southeast one-quarter of Section 24 , Township 7
North, Range 69 West of the 6th P M
Section 2 All assessments herein provided for shall be due and
payable within thirty (30) days after the final publication of this ordi-
nance without demand provided that all such assessments may, at the elec-
tion of the owners of the property assessed, be in ten (10) equal install-
ments, the first installment being due on the ist day of December
1980, and on the 1st day of December of each year thereafter
until the full amount thereof has been paid together with interest on the
unpaid principal at the rate of eight percent (8%) per annum, said interest
to be payable at the time of the principal payment Failure to pay the
whole of such assessment within thirty (30) days as aforesaid shall be
conclusively considered and held as an election on the part of the person
interested whether under disability or otherwise to pay in such install-
ments
Section 3 In the case of election of any person to pay in install-
ments as aforesaid, the failure to pay any installment when due, whethei on
principal or interest, shall cause the whole of the unpaid principal to
become due and payable immediately and the whole amount of unpaid principal
and accrued interest shall thereafter draw interest at the rate of one
percent (1%) per month until the date of sale as hereinafter provided,
provided, however, that at any time prior to the date of the sale, the
owner of the property assessed may pay the amount of all unpaid and due
installments together with all interest that has accrued as aforesaid and
all penalties accrued and upon such payment shall be restored to the right
to pay the installments in the same manner as if the default had not
occurred The owners of any property not in default as to any installments
or payments may, at any time, pay the entire unpaid balance principal
together with interest accrued thereon to the first day of the month
following such payment
Section 4 Payments may be made to the Director of Finance at any
time within thirty (30) days after final publication of this ordinance and
in such event an allowance of five percent (5%) of the discount shall be
made on all payments during such period only
Section 5 In case of the default in the payment of any installment
of principal or interest when due all property concerning which such
default is suffered shall be advertised by the County Treasurer and sold
for the payment of the entire unpaid assessment thereon at the same time or
times and in the same manner under all the same conditions and penalties
-3-
and with the same effect as provided by law for the sale of real estate in
default of the payment of general taxes, all as provided by Chapter 16 of
the Code of the City of Fort Collins
Section 6 The Director of Finance shall prepare the foregoing
assessment roll in proper form as provided in Chapter 16 of the Code of the
City of Fort Collins and shall keep a record of all payments during the
thirty day period after the final publicatio^ of this ordinance and upon
the expiration of the said thirty day period, he shall deliver said assess-
ment roll to the County Treasurer of Larimer County with his warrant for
collection of the same, all as provided in Chapter 16 of the Code of the
City of Fort Collins
Section 7 All collections made by the County Treasurer on said
assessment roll in any calendar month shall be accounted for and paid over
to the Director of Finance on the first day of each and every month within
separate statements for all such collections for each month in the same
manner as general taxes are paid by the County Treasurer to the City
Section 8 The owner of any divided or undivided interest may pay his
share of any assessment upon producing evidence of the extent of his
interests satisfactory to the officers having the roll in their charge
Section 9 If any property owner eligible therefor is granted a
deferment from the assessment made by this ordinance pursuant to the
provisions of Chapter 36 of the Code of the City of Fort Collins, then the
lien created on such owner's property by this ordinance shall remain in
full force and effect but the same shall not be due or payable until the
deferment granted pursuant to Chapter 36, Code of the City of Fort Collins
has expired
Introduced, considered favorably on first reading, and ordered pub-
lished this 1st day of July 19 0, and to be prese for final
passage on the 15th day o _jul 80
or
ATTEST
-4-
1980 Passed and adopted on final reading this 15th day of July, A D
0
ATTEST
7
C Clerk
-5-